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HOOD RIVER VALLEY RESIDENTS' COMMIT. v. DAS

06C17267; A135490.

174 P.3d 1091 (2007)

217 Or. App. 183

HOOD RIVER VALLEY RESIDENTS' COMMITTEE, INC., an Oregon non-profit corporation; Larry Martin, individually; Sara Martin, individually; Eric Ruhlen, individually; and Tamiko Ruhlen, individually, Petitioners-Appellants, v. STATE of Oregon, by and through the DEPARTMENT OF ADMINISTRATIVE SERVICES; Department of Land Conservation and Development, Respondents-Respondents.

Court of Appeals of Oregon.

Decided December 26, 2007.

Attorney(s) appearing for the Case

Ralph O. Bloemers argued the cause for appellants. With him on the briefs was Crag Law Center.

Denise Fjordbeck, Senior Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Senior Assistant Attorney General.

Richard P. Benner filed the brief amicus curiae for Metro.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.

EDMONDS, P.J.

Petitioners sought judicial review by the Marion County Circuit Court of a final order issued by respondents Department of Administrative Services (DAS) and Department of Land Conservation and Development (DLCD) that approved a claim by property owners submitted pursuant to ORS 197.352 (Ballot Measure 37). On cross-motions for summary judgment, the circuit court entered judgment in favor of respondents. Petitioners appeal.

After petitioners filed...

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